144ZEDeciding application to remove demerit points

144ZE Deciding application to remove demerit points

144ZE Deciding application to remove demerit points

(1) In deciding an application made under this Division, the Authority may—

(a) remove the demerit point, or

(b) refuse to remove the demerit point.

(2) The Authority may decide to remove the demerit point only if the Authority is satisfied that—

(a) for an application made under section 144ZC(2)—

(i) the Secretary or the Authority have not taken any action in relation to the licensee or manager of the licensed premises, or the licence for the licensed premises, under any provision of this Act in relation to—

(A) the demerit point, or

(B) the act or circumstances that were the basis of the demerit offence in respect of which the demerit point was incurred, and

(ii) the act or circumstances that were the basis of the demerit offence in respect of which the demerit point was incurred did not result in serious harm to any person, and

(iii) the licensee or manager of the licensed premises has implemented measures, or undertaken a course of training or instruction, to manage or reduce the risks that contributed to the commission of the demerit offence in respect of which the demerit point was incurred, and

(iv) the provisions of this Act or the regulations referred to in the definitions of category 1 demerit offence and category 2 demerit offence have not, since the demerit point was incurred or imposed, been contravened—

(A) by the person who committed the demerit offence in relation to which the demerit point was incurred, or

(B) for a demerit point incurred against a club licence—by a manager of the club premises, or

(b) for an application made under section 144ZD(1)—

(i) any remedial action taken by the Authority under Division 4 of this Part in relation to the demerit point has been complied with, and

(ii) the licensee or manager of the licensed premises has implemented measures, or undertaken a course of training or instruction, to manage or reduce the risks that contributed to—